Court No. - 33
Case :- MATTERS UNDER ARTICLE 227 No. - 7999 of 2018 Petitioner :- Mohammad Umar Khan Respondent :- Smt. Sabanam Begum Counsel for Petitioner :- Hitesh Pachori
Hon'ble Manoj Misra,J.
The present petition has been filed challenging an order passed by the Family Court by which application 7C, seeking interim maintenance pending disposal of Suit No.1737 of 2014, has been finally disposed off.
Such an order is appellable under Section 19 of the Family Courts Act as per the view of Division Bench of this Court in Avdhesh Narain Srivastava Vs. Smt. Archana Srivastava, 1990 (8) LCD 66, which has been affirmed by a Full Bench decision of this Court in Smt. Kiran Bala Srivastava Vs. Jai Prakash Srivastava, 2005 (23) LCD 1.
Under the circumstances, petition under Article 227 of the Constitution of India is not maintainable. The petitioner may file an appeal against the said order.
With the aforesaid observation, the petition is disposed off.
Certified copy of the enclosures may be returned to the learned counsel for the petitioner after obtaining photo copies thereof.
Order Date :- 31.10.2018. Rks.